Earlier, I said that the collectivist critique aims to contribute to a thorough, balanced ethical analysis of GGEE interventions. In this section I contrast an ideal critique with current collectivist contributions. I argue that the latter are biased toward weighing costs, losses and risks of enhancement more heavily, affecting their ability to contribute meaningfully to the collectivist part of balanced ethical analyses. Underlying this negatively biased collectivism are certain assumptions and processes. These are examined below, in terms of the inappropriate acceptance of individualist assumptions (§2.1), and the failure to appropriately weigh individualist vs collectivist ethical considerations where they conflict (§2.2). To solve these problems, we may employ collective-considering moral principles and concepts from other areas such as PHE, which include positive ethical considerations (such as whether an intervention may provide collective benefit, ameliorate existing injustices, or produce public goods).
First, let me provide the standard for contrast: an ideal collectivist critique. Consider a memory enhancement—specifically, a GGEE intervention that improves memory capacity and retrieval beyond species-typical functioning in an individual who would otherwise have normal memory functioning. Individualism might contribute to ethical analysis here by assessing concerns surrounding the authenticity of the child’s altered nature, the side-effects of an intervention that may prevent forgetting, or the tension between, on the one hand, parents’ rights to independent reproductive choice, and on the other, the child’s future wellbeing and right to an open future. An ideal collectivist critique would build on this, perhaps by assessing how widespread enhanced memory could affect important public goods—by promoting knowledge and technological advancement, but threatening the public’s social cohesion, due to a reduced ability to forget others’ past wrongdoings. Reduced social cohesion, involving relationships toward others in a group, certainly cannot be adequately valued by considering effects merely on individuals. It may also assess how these effects ought to be distributed, not only among individuals, but across current and future groups. To illustrate some collective-level considerations, imagine a scenario in which a memory-enhanced generation adds value in workplaces at a much younger age. The enhanced group may end up being exploited, possibly counteracting the individual benefits they experience. On the other hand, consider how enhanced memory may instead actually promote social cohesion, and strengthen relationships in future generations, if having clearer memories of others’ lives and suffering increased empathetic response.
Some current collectivist arguments addressing memory enhancement and other interventions neglect benefits and interests in enhancing (as opposed to its risks and costs), like those considered in the ideal analysis above. Whilst these analyses remain collectivist in nature, they are less effective at contributing, because they are unbalanced. This is partly the product of the following problems, which I explore in turn below.
Acceptance of individualist assumptions
Some current collectivist analyses accept—either as undesirable but inevitable circumstances, or as morally acceptable—assumptions that decisions surrounding GGEE will be made individually by parents, without state interference, and that distribution and development of GGEE interventions will be governed by the free market. It may seem counterintuitive for current collectivist work to accept these circumstances—public education and public health are areas of policy that are successfully and ethically appropriately regulated by the state. Yet the acceptance persists, and combines with a primarily negative view of collective-level considerations to frequently produce prohibitive stances in the literature.
Michael Sandel’s work, for instance, assumes parents will inevitably (though inappropriately) be left to choose among GGEE interventions without adequate regulatory limits to their decisions, if enhancement is permitted. In The Case Against Perfection (2007), Sandel’s assumption that enhancement would be set in a free market paradigm partly justifies his emphasis on potential negative outcomes of GGEE for the collective. He considers challenging the market availability assumption, but claims that remedying unfairness in access to enhancements is not the main issue, though it could be remedied through subsidisation. Sandel’s main focus, rather, is on the loss of openness to the unbidden if enhancements become widespread, and on issues with ‘playing God’. He also discusses the apparent problem of social pressure to enhance, claiming that rather than focussing on changing the market paradigm, “[t]he real question is whether we want to live in a society where parents feel compelled to spend a fortune to make perfectly healthy kids a few inches taller.” (Sandel 2007, p. 18–19). This leads him to argue for prohibition of enhancement. If the emphasis here is on social norms rather than the ‘fortune’ that parents may have to spend in a market system, then subsidisation does initially seem like a futile solution. However, we might question the premise: Sandel’s argument concerning social norms is not independent; it is predicated on our accepting his other arguments against enhancement. These explain why social norms are harmful. But if we acknowledge the potential benefits of enhancement, social norms regarding enhancement may not themselves be a bad thing. Sandel considers social norms discussed in the quote above only from a negative-collectivist perspective, as a necessarily detrimental outcome of enhancement, based on his previous arguments against it. But social norms themselves can be positive (Anomaly and Brennan 2014). If enhancement is not problematic for other reasons, then parents being socially pressured to pursue it at minimal cost, in a subsidised system, may be a positive thing, encouraging them to intervene to benefit their future child and/or the collective.
Providing a second example, Leon Kass’ arguments against GGEE (2003) also frequently assume a free-market paradigm. His claim is that in American society at least, if enhancement is permitted, the emergence of an enhanced aristocracy seems inevitable, as “there is nothing in our current way of doing business that works against it” (Kass 2003, p. 282). Kass does not imply that such a situation is desirable, but he does seem to see it as unavoidable. This fails to consider existing areas of effective state interference, most notably in public health, defense and education that ensure the important goods of health, safety and educational opportunity are fairly accessible. In adhering to the free market assumption, Kass does not consider regulatory alternatives (perhaps including subsidisation, prioritised access, and limits on the development of certain interventions) that may even allow enhancements to be used to address existing injustices, rather than exacerbating them (Giubilini and Minerva 2019). Based on the individualist assumption he accepts, negative collective-level ethical considerations seem more salient, and lead Kass to argue for prohibiting enhancement. This approach to potential intergenerational fairness concerns with enhancements is mirrored by some of Robert Sparrow’s work (2019). Sparrow contends that “If the genetic enhancements available to parents to choose for their children improve every year, then the enhancements provided to children in any given year will quickly become obsolete” (Sparrow 2019, p. 8). Whilst raising important issues concerning intergenerational justice, this concern is based on the assumption that parents will be left to choose between available enhancements freely, and that the value of enhancements is not absolute, but relative to those that may come later. That is, that children are benefited in terms of their advantage in competitive environments, rather than being benefited by the absolute value of any enhancements that aim to produce group-level benefits outside of competitive contexts.
Similarly, Roberto Andorno and colleagues’ recent Geneva Statement on Heritable Human Genome Editing (2020) also initially assumes a free market. The authors examine a selection of possible outcomes of genome editing including state eugenic uses of GGEE, widespread genetic harm to future generations, competitive pressures, and exacerbations of racism and xenophobia. Their discussion of these problems is predicated on the assumption that adequate regulation is implausible, yet they do not examine regulatory alternatives or assess corresponding possible positive outcomes, which ought to figure into a balanced analysis. Non-coercive policies encouraging uptake of collectively beneficial interventions (such as free exercise programmes or letters encouraging cancer screening) are evident already in the public health context, and might apply for enhancements as well. For example, states might subsidise interventions that enhance IQ-measured intelligence in order to increase productivity and knowledge in a society. The authors’ arguments, emphasising negative aspects of analysis over positive, offer an incomplete analysis. Although positive considerations may not outweigh the negative overall, we must still give them consideration, and not base discussion only on assumptions that make the negative more salient.
Failure to appropriately weigh collective- and individual-level considerations
Some current collectivist work suffers from the second problem that may lead to negatively biased collectivism: failure to adequately (or equally) weigh collectivist considerations in overall analysis, compared to individualist considerations. This may occur even where harms or costs to individuals of GGEE interventions that are collectively beneficial are seemingly easily avoidable.
Some of Robert Sparrow’s work (2016) assumes that collectivist considerations will, if GGEE is permitted, consistently override individual interests and result in unacceptable eugenic practices. He explicitly concludes that some collective interests in genome editing or selection should not figure in ethical analysis at all, for fear that “considerations of aggregate welfare in decisions about reproduction […] threaten to outweigh any of the other interests at stake” (Sparrow 2016, p. 134), and would result in unacceptable infringement of individual liberty. This claim assumes that collective interests, if they are to be considered at all, must be determinative of the permissibility of GGEE, simply in light of their affecting many more people. In that case, potentially very significant costs to individuals may apparently be imposed for the sake of a collective interest in genome editing. Sparrow proposes, therefore, that these collective interests are best rejected altogether. Otherwise, “[g]iven the number of third parties who might benefit from the selection of future individuals that have particular sorts of capacities, there is little that the concern for the interests of such third parties could not justify” (Sparrow 2016, p. 134). He argues that such interests would be governed, in the end, by nationalistic state goals.
However, this slippery slope argument is not convincing if there are definite, appropriate limits incorporated into a system for weighing ethical considerations that ensures collective interests are weighed against individual interests (where they conflict) in a proportionate way. In some cases, this will mean that collective interests are not significant enough to outweigh individual interests. For example, imagine a ‘social compliance’ enhancement that increases contentment in populations and offers greater societal stability. It may also significantly threaten the enhanced individuals’ authenticity and integrity. This may be one case in which the interest in authenticity and integrity, even considered on an individual basis, outweighs the collective interest, given how integral these values are to our identities. In other cases where more significant collective interests pertain and less significant individual concerns conflict with them, we may be justified in imposing some small costs on individuals in providing state support for GGEE interventions. For example, a moral enhancement that increased our rational capacities or our empathy and produced fairer, more solidaristic societies generally may be acceptable. It does, by hypothesis, pose a small cost to individuals in terms of contributions for state funding of the intervention. Whilst this may seem unacceptable to individual-prioritising accounts of enhancement, according to a collectivist account this imposition of costs may be acceptable, if the collective-level benefit is much greater than the cost to individuals.
To address the weighing concern more generally, collective-level interests will only outweigh individual-level concerns in a proportionate weighing system when the individual costs are either:
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(a)
morally insignificant (such as in cases of easy rescue),
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(b)
plausibly avoidable by opting for a less coercive way of implementing the intervention, or
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(c)
acceptable in the proportion of costs they impose on individuals vs benefits they produce for the collective.
This weighing system that I propose applies in the same way to individual-level interests and collective-level costs. In some cases, weighing costs and interests exposes the disproportionate risk that prioritising the collective may pose to individual wellbeing or liberties. Consider, for example, threats to autonomy (for women who might otherwise be fined for non-compliance with a mandatory enhancement programme) or bodily integrity (if such women were instead physically forced to have IVF for enhancement). However, where such morally significant harms are either proportionate to the benefit produced, or avoidable by avoiding compulsory (or otherwise coercive) implementation of the intervention, the weighing system may show the intervention to be permissible.
Take compulsory immunity enhancement via GGEE. This would pose a significant threat to the bodily integrity and autonomy of women forced to undergo invasive IVF treatment as part of the intervention. However, this does not imply that the public interest in herd immunity should be disregarded tout court because of the bodily integrity and autonomy threats: it must be still considered, and it must be determined whether the collective interest poses an adequate benefit to justify the individual cost, rendering the compulsory intervention permissible. In this case, I suspect it would not, as many women would likely have their bodily integrity significantly compromised for the sake of this public good that may alternatively be promoted via vaccination. It may be that a way of implementing the intervention that avoided the threat to individuals by incentivising it rather than making it compulsory is acceptable. This weighing system would not allow collective considerations alone to determine permissibility.
There is another problem in the collectivist literature with weighing ethical considerations: weighing concerns differently according to whether genome editing is performed for treatment or enhancement purposes.Footnote 6 Francis Fukuyama (2002) weighs (individual) benefits more heavily when it comes to treatment interventions, but discusses and weighs (collective) risks and costs more heavily when it comes to enhancement interventions. He does not offer a reason why threats to the collective are more significant for enhancement than treatment. His view of an enhanced future leads him to reject the possibility of enhancement regulation as an implausible solution to collective-level problems with enhancement, but it is little considered how editing for treatment purposes might negatively affect the collective, or how editing for enhancement purposes might positively affect the collective. For enhancement, Fukuyama claims we risk losing ‘Factor X’, a defining characteristic of humanity that underlies our commitment to human rights and dignity. This will “in some way cause us to lose our humanity—that is, some essential quality that has always underpinned our sense of who we are and where we are going.” (Fukuyama 2002, p. 101). In the treatment case, however, the threat to Factor X is apparently insignificant. However, there is no reason given for why the threat to the collective would be more significant in the case of enhancement (or the benefit to the individual more significant in the case of treatment). Surely, whether enhancement threatens to undermine valuable aspects of humanity depends on the types of enhancement being considered. An alternative, collectivist consideration of human dignity goes further than Fukuyama’s Factor X in detailing specifically how we can justify some collectivist concepts that may constrain our pursuit of enhancements. As “one of the fundamental values of our community”, ‘human dignity as constraint’ has been developed to limit the appropriate pursuit of biotechnologies (Beyleveld and Brownsword 1993, p. 30). These limits are based not primarily on individual rights, but in consideration of duties to protect others’ and our shared dignity. Applying this concept demonstrates how enhancements may not threaten our humanity or human dignity more than treatments. This is clearer when considering dignity, compared to Fukuyama’s concept. It is difficult to judge, for instance, whether increasing memory capacity threatens Factor X more than the treatment of congenital deafness that could result in the elimination of sign languages and Deaf culture. But when we consider human dignity as constraint, it seems clearer that memory enhancement does not pose a significant threat to human dignity, whereas the elimination of a valuable culture via GGE for treatment may do so. We might think that Deaf culture is more valuably human than a limited memory capacity. Correspondingly, it is unclear whether the benefit of being born hearing is necessarily greater in some contexts than the benefit of being born with much better memory. This inconsistency in weighing costs and benefits across enhancement and treatment interventions leaves Fukuyama’s analysis wanting.